The burden of allegation, also known as the burden of pleading, refers to the plaintiff’s obligation to plead sufficient assertions of facts to support a cause of action against a defendant.
As established by the seminal...
ACADEMIC TOPICS
burden of persuasion
The burden of persuasion is the requisite degree of belief a party must convince a jury that a particular proposition of fact is true. Combined with the burden of production, the burden of persuasion makes up one half of the burden of proof...
burden of production
The burden of production refers to a party's obligation to come forward with sufficient evidence to support a particular proposition of fact. The burden of production combines with the burden of persuasion to make up the burden of proof...
burden of proof
Generally, burden of proof describes the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established. There are different standards for different circumstances.
For example, in...
bureaucracy
Bureaucracy is a term composed of bureau (meaning "writing desk" in old French) and -cracy (meaning "power" in Latin). A bureaucracy is a form of work organization. The historical meaning of the term refers to a body of non-elected government...
business record exception
Business records exception is a statutory exception to the rule against hearsay in Federal and most state courts. The exception allows parties to enter regularly compiled records within an organization that meet a certain level of...
business records exception
Business records exception is a statutory exception to the rule against hearsay in Federal and most state courts. The exception allows parties to enter regularly compiled records within an organization that meet a certain level of...
but cf.
But cf. is a signal indicating that the cited source supports something similar to the opposite of the claim (proposition) just made by the author. In other words, the cited source probably conflicts with the author's claim. But cf. is the...
but see
But see is a signal indicating that the cited source clearly supports the opposite of whatever the author just said, although an inference is required to see the contradiction. In other words, “but see” indicates that the source that follows...
but-for test
The but-for test is a test commonly used in both tort law and criminal law to determine actual causation. The test asks, "but for the existence of X, would Y have occurred?"
In tort law, but-for causation is a prerequisite...